At 12:00 AM 2/10/96 EST, Fred Hopengarten wrote:
>On Fri, 9 Feb 1996 10:25:01 -0800, "Stan Griffiths" <w7ni@teleport.com> wrote:
>> What do you think of this thought experiment: Suppose I write a tower
>> design software program. I publish it because a lawyer has advised me that
>> a "waiver of liability" clause embedded in it will protect me. Some dunce
>> makes a mistake using my program and his tower falls down and kills
>> somebody. I get sued and I lose. Is the lawyer that essentially advised me
>> that I wouldn't be liable for damage due to misuse of my program liable for
>> his bum advice and can I recover my damages from him?
>
>Dear Stan:
>
> You are a very interesting correspondent, because you
>are smart, articulate, and disagree with me. "Yes men" are
>far less interesting companions.
>
> So here's my answer:
>
> I would feel perfectly comfortable with my level of
>risk in advising you to publish the program, if I can embed
>a "waiver of liability" clause in my legal opinion. That's
>consistent, legally correct, and financially smart. In
>fact, lawyers write self-help books, computer programs, and
>appear on TV and radio all the time, offering advice which
>they expect will be followed, all without fear of suit.
>
> All said and done, however, I have yet to hear why my
>parallel to the Lotus 1-2-3 program, as a tool for financial
>analysts or lay people, is inaposite.
>
> I stand by the position I took last time around. Those
>who are nervous, nay fearful, about being defendants in a
>lawsuit arising from the publication of a software program
>should not be entrepreneurs. The blood pressure isn't worth
>it and the software's author won't sleep at night. More
>fearless types will feel comfortable with the level of
>liability risk involved in writing a software program for
>designing a tower/antenna system, and, in my opinion, they
>should feel comfortable, as the level of risk is highly
>attenuated.
>
>--
> Fred Hopengarten K1VR
> Six Willarch Road * Lincoln, MA 01773-5105
> home + office telephone: 617/259-0088 (FAX on demand)
> internet: k1vr@k1vr.jjm.com
> "Big antennas, high in the sky, are better
> than small ones, low."
>
>-------------------------------------------------------
Fred, you surely are a lawyer. Could you perhaps answer Stan's question
with a yes, no, or maybe?
73, Bill W7LZP
wrt@eskimo.com
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